Sunday, January 25, 2015

The Ninth Gets Real w Federal and State Prosecutors who Shave the Truth and Shape Testimony

This is a critical case development, one that ought not to have had to take a US Federal Court of Appeals to make a statement.   But in California, it did.  And a message is being sent.

Prosecutors have been shaving and shading the truth and testimony in criminal trials and other instances for decades and much has become a pattern and practice itself, all extremely dangerous and detrimental to American civil liberties.

This is a great case precedent and legal development for those concerned about who is policing those who prosecute and police us...  For too long, prosecutors have been getting away with murder when it comes to the truthfulness of their assertions and in court conduct and representations or should say, misrepresentations. People have gone to death row and to prison over such falsehoods, done almost without impunity or second thought in some jurisdictions.

In turn, this has allowed the prosecutors everywhere, to behave as if they are immune from what other counsel and defense counsel and lawyers are ethically bound by and have been seriously sanctioned because of similar use of damaging but false representations.  

Perhaps, finally, the Ninth Circuit has got it right, after so long.  Just maybe, it will become the standard across this nation, if the other US Court of Appeals follow their lead. After all, its only justice and truthfulness we're talking about and a nation's civil liberties.